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S.D.N.Y.Procedural orderFiled Apr. 25, 2023

Falson v. BPP ST Owner LLC

Judge
George Daniels
Docket
1:20-cv-10816
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedureDiscovery
In one sentence

In Falson v. Barrie, Judge Parker set case-management, discovery, and settlement deadlines without deciding the claims.

Who this affects

Joseph Falson, the defendants, their counsel, the insurer, and Stuytown are affected by the case deadlines, discovery requirements, and settlement-conference attendance rules. The seven individual defendants are specifically excused from attending the settlement conference.

What happened

In Falson v. Lieutenant Brendan Barrie, et al., the parties attended an initial case-management conference, and the court entered a schedule for the case. The opinion does not decide whether either side is legally right.

The order set May 24, 2023, as the deadline to amend pleadings or add parties, November 24, 2023, as the deadline to finish discovery, and May 8, 2023, for Joseph Falson to provide medical authorizations. It also required a joint discovery-status letter and scheduled an in-person settlement conference for August 2, 2023.

Judge Katharine H. Parker issued the scheduling order under Rule 16 of the Federal Rules of Civil Procedure. The order also directed counsel to follow discovery rules and required an insurer representative and a Stuytown representative with settlement authority to attend the conference; the seven individual defendants were excused from attending.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Falson v. BPP ST Owner LLC · No. 1:20-cv-10816
Judge
George Daniels
Date
Apr. 25, 2023

Background

The parties appeared for an initial case-management conference on April 24, 2023. After reviewing the pleadings and consulting with the parties, Magistrate Judge Katharine H. Parker entered a scheduling order under Rule 16 of the Federal Rules of Civil Procedure.

Deadlines and discovery requirements

The parties may amend the pleadings and join additional parties until May 24, 2023. After that date, further amendments or joinder require good cause. All discovery must be completed by November 24, 2023. Joseph Falson must provide the defendants with his medical authorizations by May 8, 2023.

The order directs the parties to follow the court's procedures for discovery disputes and to comply with Rules 1 and 26(b)(1). It also reminds counsel that document requests must be reasonably specific and not broadly seek all documents concerning a general topic. Objections to discovery requests must explain their grounds adequately and indicate whether documents are being withheld because of the objection; otherwise, objections other than privilege objections may be treated as waived.

The parties must file a joint letter updating the court on discovery by May 24, 2023.

Settlement conference

The court scheduled an in-person settlement conference for August 2, 2023, at 10:00 a.m. in Courtroom 17D at 500 Pearl Street in New York. The parties must attend with counsel. The seven individual defendants do not have to attend, but representatives of the insurer and Stuytown must attend. Corporate parties must send representatives with authority to make settlement decisions. The parties must submit a settlement-conference report and other required materials by July 28, 2023, at 5:00 p.m.

Disposition and significance

This is a procedural scheduling order. Judge Parker did not resolve the underlying claims or defenses, grant or deny a merits motion, or enter judgment.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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